PDPC-Chile

CHILE

In 2018, the Chilean Constitution was amended to include data privacy as a human right. Since then, numerous bills have been introduced to amend the country's data privacy law, Ley 19,628, to ensure legal protections that reflect the amendment. As of March 2020,one data protection bill has reached the final stages before it becomes law.

In addition to reforming data privacy reforms, this bill would also bring data privacy protections in Chile up to a level comparable to GDPR. It includes the creation of a personal data protection agency, as well as regulations regarding the handling, collection, and transfer of personal data. It also has fines for non-compliance which in themselves are not very high but can double and even triple in cases of repeat offences or in addition to additional sanctions.

Noncompliance will be classified into three levels of severity with corresponding penalties that range from as low as about 55 EUR for the smallest infractions, to around 530,000 EUR for the worst*. This is a significant difference for GDPR as fines do not match annual international sales.